ML19354E129
| ML19354E129 | |
| Person / Time | |
|---|---|
| Issue date: | 01/12/1990 |
| From: | Bangart R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| REF-WM-3 NUDOCS 9001250472 | |
| Download: ML19354E129 (6) | |
Text
. -.
UAN 121990 l
MEMORANDUM FOR: Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards FROM:
Richard L. Bangart, Director Divisioh of Low-Level Waste Management and Decommissioning, NMSS
SUBJECT:
INTERPRETATION OF.10 CFR PART 61 REGARDING DISPOSAL OF SMALL QUANTITIES OF URANIUM MILL TAILINGS AT LLW DISPOSAL FACILITIES Recently LLWM has received an increasing number of' inquiries about the provisions of 10 CFR Part 61 regarding disposal of small quantities of uranium or thorium mill tailings at either existing or new LLW disposal facilities.
In response to these requests, we have researched the Part 61 record consisting of the proposed rule, draft EIS, final rule and final EIS. We have also spoken to individuals who participated in the development of Part 61 regarding the staff intent reflected in the provisions of Part 61 which cover this issue. Based on this research, I recommend we adopt the following as guidance for use in responding to future requests on disposal of tailings in LLW disposal facilities.
Regulatory Provision: Section 61.1(b) states in regulations in this Part do not apply to... (2) part that, "... the 1.
disposal of uranium or thorium tailings or wastes (byproduct material as defined in Section 40.4(a-1)) as provided for in Part 40 of this chapter in quantities greater than 10,000 kilograms and containing more than five (5) mil 11 curies of radium-226..." The statement of consideration states:
As for radium incidental to other types of waste, the Commission has made provisions for disposal of small quantities of uranium tailings as Class A waste. For purposes of this provision, a small quantity is defined as 10,000 kilograms containing not more than 5 mil 11 curies mill tailings (0.5 nanocuries per gram)ypical of uranium of radium-226. This concentration is t The quantity of radium-226 is that contained in 150 pounds of natural uranium at equilibrium with its daughter products.
10 CFR Part 40 permits any person to possess and use under general license 150 pounds of source material per year.
Permitting the disposal of such a quantity in a near-surface disposal facility is judged to be acceptable. For larger amounts, specific approval would be required.
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2.
Statement of the Problem: Questions have been raised as to whether I
the 10,000 kilogram limit should be applied as a total site inventory averaged over the entire life of the facility, as an annual limit for the facility, as a shipment limit, or as a container limit.
3.
The staff believes that a reasonable application of this provision would permit 10,000 kilograms to be applied as :.n annual limit for the facility.
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4.
Rationale for the Staff's position:
a.
The provision was included in Part 61 in response to public comments f
on the proposed rule. Several commenters wanted to know how waste containing Radium-226 would be handled under Part 61.
Radium is not listed in Part 61. Other commenters suggested flexibility in Part 61 to allow for the occasional shipment and disposal of small quantities of uranium and thorium mill tailings at LLW disposal i
facilities in special cases where other disposal options were not feasible.
It is clear that Part 61 was not intended to cover the disposal of i
mill tailings.
It does, however, allow for the disposal of occasional small shipments of tailings containing a small quantity of radium-226. Examples would include laboratory samples, contaminated lab equipment, and industrial equipment contaminated in the process of concentrating source material.
l b.
The statement of considerations for the final rule states that the Comission has made provisions for the disposal of. small quantities i
of uranium tailings as Class A waste implying a few containers or i
shipments:
j c.
The 10,000 kilogram limit is small.
It represents about 160 cubic
[
feet of tailings which would represent a few small LLW shipments in
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l tems of volume; and j
d.
The total radium activity is small, being equivalent to the quantity l
of radium contained in 150 pounds of natural uranium at equilibrium with its daughter products (5 mil 11 curies of Radium-226).
Such a l
quantity of natural uranium may be possessed by any person under a general license in Part 40 in any one calendar year.
Finally, the i
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statement of considerations concludes that permitting disposal of such a quantity (i.e., 5 mil 11 curies of radium-226) in a i
near-surface disposal facility is judged to be acceptable.
It i
further states that for larger quantities, an additional specific evaluation would be required.
j t
i We plan to apply)the provisions of Section 61.1(b) as an annual limit on the disposal of 11(e (2) byproduct material in a low level waste disposal facility i
licensed under Part 61. As stated in the Statement of Considerations, the disposal of larger quantities would require additional case-specific evaluations.
Finally, if you agree with the above position on how the NRC staff plans to apply Section 61.1(b), we will coordinate with GPA to request State review and coment before issuing this position in final form.
If you have any questions about the staff position on this issue please call me.
Richard L. Bangart, Director Division of Low-Level Waste Management and Decomissioning, NMSS i
l Distribution:
(LLWM 89-151)* Centre 131151202.2 jj)
NMSS r/f RBangart, LLWM JGreeves, LLWH '
MBell, LLRB JSurmeier, LLTB i
PLohaus, LLOB RMacDougall, LLOB JShaffner, LLOB VMiller, SLITP JLepre LLWM JJones, LLOB t/f RFonner, OGC PDR YES LU_
JJones, LLOB r/f PDR NO L,f Category: Proprietary C or CF Only L/
l ACNW YES /Y~7 NO
/_'"~7 SUBJECT AB5 TRACT: DISPOSA G F TRKEL QUANTITIES OF MILL TAILINGS IN A LLW FACILITY
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statement of considerations concludes that permitting disposal of uch a quantity (i.e., S mil 11 curies of radium-226) in a n
- r. surface disposal facility is judged to be acceptable.
It fur er states that for larger quantities, an additionai specific evalu ion would be required.
We plan to apply)tdisposal of 11(e (2) provisions of Section 61.1(b) as an annual limit on product material in a low-level waste disposal facility licensed under Part 61. As stated in the Statement of Considerations, the disposal of larger quant ies would require additional case-specific evaluations.
Finally, if you agree with th above position on how the NRC staff plans to apply Section 61.1(b), we will rdinate with GPA to request State review and coment before issuing this posit on in final form.
If you have any questions about the aff position on this issue please call me.
R hard L. Bangart, Director Div ion of Low. Level Waste Managenent an ecommissioning, NMSS Distribution:
(LLWM89151) Central File # 202.
HMSS r/f RBangart, LLWM JGreeves, LLWM MBell LL JSurmeier, LLTB PLohaus, LLOB RMacDougall, LLOB JShaffner, OB YMiller, SLITP JLepre, LLWM JJones, LLOB f
RFonner, OGC PDR YES LT~7 JJones.LLOB r/f PDR NO C Category:
Proprietary C or CF Only C
ACNW YES LT_7 NO
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SUBJECT AB5 TRACT: DISPOSA G F 3EXEL QUANTITIES OF MILL TAILI S IN A LLW FACILITY
- See Previous Concurrence UFC :LLOB' e.:.....:LLOB'
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DateWlM/89
- 12/28/89
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i statement of considerations concludes that permitting disposal of uch a quantity (i.e., 5 mil 11 curies of radium-226) in a n
- r. surface dis)osal facility is judged to be acceptable. It fu her states t1st for larger quantities, an additional. specific eva; tion would be required.
We plan to interp t the provisions of Section 61.1(b) as applying an annual limit on the dispos of 11(e)(2) byproduct material in a low-level waste disposal facility lic sed under Part 61. As stated in the Statement of Considerations, the dis sai of larger quantities would require additional case. specific evaluations If you have any questions ab t the staff position on this issue please call me.
Richard L. Bangart, Director Division of Low Level Waste Management i
and Decommissioning, NMSS Distribution:
(LLWM89151) Central File # 202.2 NMSS r/f RBangart, LLWM JGreeves, LLWM MBe 1, LLRB JSurmeier, LLTB PLohaus, LLOB RMecDougall, LLOB JSha fner, LLOB YMiller, SLITP JLepre. LLWM JJone LLOB t/f RFonner, OGC PDR YES [f[7 JJones, LLOB r/f PDR NO C Category:
Proprietary C or CF Only C
ACNW YES LT.,7 NO 7
SUBJECT AB5 TRACT: DISPOSA F 3RAEL QUANTITIES OF M1 TAILINGS IN A LLW FACILITY
- See Previous Concurrence Ibh 1 E.I..........[. bb.'f(.[.........[I........[........I-.........
NAME:JShaffner/jj :RMacDougall:PLohaus
- RFonner
- MBell
- RBangart bate $bhbbfbh bLbb)hbh $ ) )Sb fhbh hfb9 $/)bh OFFICIAL RLCORD COPY l
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considerati ns concludes that permitting disposal of such a quantity (i.e., 5 mil icuries of radium-226) in a near. surface disposal facility is j gea to be acceptable.
It further states that for larger quantit s, an additional specific evaluation would be required.
In summary, 10 CFR Part 61 w promulgated for the regulation of land disposal of radioactive source, byprod t, and special nuclear material.
The technical and regulatory requirements fo the disposal of uranium and thorium mill tailings, as found in Part 40, e somewhat different from those found in Part 61. Part 61 was crafted to 110w some flexibility in the receipt of small quantities of tailings bypro uct material as stated in 10 CFR 61.1(b).
Since only General Counsel can prov e official interpretation of the regulations contained in Part 61, we ropose to petition General Counsel for a formal written interpretation pursuan to 10 CFR 61.5 as stated herein.
If you have any questions about the sta position on this issue please call ma.
Richar L. Bangart, Director Divtsio of Low. Level Waste Management and De issioning, HMSS Distribution:
(LLWM89151) Central file # 202.2 NMSS r/f RBangart, LLWM JGreeves, LLWM MBell, LLRB JSurmeier, LLTB PLohaus, LLOB RMacDougall, LLOB JShaffner, LL B VMiller, SLITP i
JLepre LLWM JJones, LLOB-f RFonner, OGC PDR YES /T"7 JJones. LLOB r/f-PDR NO L""7 Category: Proprietary L/ or CF Only O'
ACNW YES LI_"7 NO
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SUBJECT AB5 TRACT: DISPOSA F TRAEL QUANTITIES OF MILL TAILIN IN A LLW FACILITY.
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Date:M/>2/89
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